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Full Text of Decision

35499

43417 SERVICE DATE –
NOVEMBER 20, 2013

OEA

SURFACE
TRANSPORTATION BOARD

WASHINGTON,
DC 20423

ENVIRONMENTAL
ASSESSMENT

Docket No. AB-290
(Sub-No. 352X)

Norfolk Southern
Railway Company – Abandonment Exemption –

in Fayette and
Wayne Counties, Ind.

Docket No. AB-1093
(Sub-No. 1X)

C&NC Railroad
Corporation – Discontinuance of Service Exemption –

in Fayette and
Wayne Counties, Ind.

BACKGROUND

In this proceeding, Norfolk
Southern Railway Company (NSR) and C&NC Railroad Corporation (CNUR) filed a
joint notice under 49 C.F.R. § 1152 seeking exemption from the requirements of
49 U.S.C. § 10903 in connection with the abandonment of an approximately 0.61
mile line of railroad located in Fayette and Wayne Counties, Indiana. The rail
line proposed for abandonment extends from Milepost CB 4.80 to Milepost CB 5.41
in the City of Connersville and Washington Township, Indiana (the Line). The
joint notice seeks authority from the Surface Transportation Board (the Board)
for NSR to abandon the Line and for CNUR to discontinue its common carrier
obligation over the Line. A map depicting the Line in relationship to the area
served is appended to this Environmental Assessment (EA). If the notice
becomes effective, the railroad will be able to salvage track, ties, and other
railroad appurtenances and to dispose of the right-of-way.

ENVIRONMENTAL REVIEW

NSR and CNUR submitted an
Environmental Report that concludes the quality of the human environment would
not be significantly affected as a result of the abandonment or any
post-abandonment activities, including salvage and disposition of the right-of-way.
NSR and CNUR served the Environmental Report on a number of appropriate federal,
state, and local agencies as required by the Board’s environmental rules [49 C.F.R.
§ 1105.7(b)].[1] The Board’s Office
of Environmental Analysis (OEA) has reviewed and investigated the record in
this proceeding.

Diversion of Traffic

NSR and CUNR state that no local
traffic has moved over the Line for at least two years and that there is no
overhead traffic. Accordingly, the proposed abandonment would not adversely
impact the development, use and transportation of energy resources or
recyclable commodities; transportation of ozone-depleting materials; or result
in the diversion of rail traffic to truck traffic that could result in
significant impacts to air quality or the local transportation network.

Salvage Activities

If
abandonment authority is granted in this proceeding, NSR states that it intends
to salvage track and track material from the rail right-of-way. The contours
of the existing roadbed would not be altered and drainage systems would be left
intact. Salvage would not entail any digging or burying and no rail ballast
would be removed.

The U.S. Natural Resource Conservation
Service (NRCS) submitted comments stating that the proposed abandonment would
not result in the conversion of prime farmland. Accordingly, no mitigation
regarding the conservation of agricultural land is recommended.

NSR states, and OEA review has
confirmed, that the Line does not cross and is not immediately adjacent to any
waterways. In its review of available data, OEA has concluded that the Line
does not cross any wetlands, but appears to be adjacent to a freshwater pond
near the crossing at Neuman Lake Road.[2]

The U.S. Army Corps of Engineers
(the Corps) submitted comments stating that the proposed abandonment would not
impact any waterways or wetlands and would therefore not require a Corps permit
under Section 404 of the Clean Water Act.[3]
Because the proposed abandonment would be limited to the removal of track and
ties, OEA concurs with the Corp’s determination that no waterways or wetlands
would be affected.

NSR requested comments from the
U.S. Environmental Protection Agency (USEPA) and the Indian Department of
Environmental Management (IDEM) regarding compliance with Section 402 of the
Clean Water Act[4] and other
applicable local, state, and federal water quality regulations. To date, these
agencies have not provided comments. NSR states that the proposed abandonment
would not result in any impacts to water quality. Because salvage activities
would be limited to the removal of track and ties, OEA concurs with NSR’s
determination that permitting under Section 402 of the Clean Water Act would
not be required. OEA is sending a copy of this EA to the IDEM for their
comment and review.

NSR states that there are no known
hazardous waste sites or sites where hazardous material spills have occurred on
or adjacent to the right-of-way. OEA review has confirmed that there are no listed
Superfund sites in the vicinity of the Line.[5]
Accordingly, no mitigation regarding hazardous waste sites or hazardous
material spills is recommended.

In its review of available
geospatial data, OEA has concluded that the Line is not located in an area
designated as critical habitat.[6] OEA also
conducted a search of the U.S. Fish and Wildlife Service (USFWS) Environmental Conservation
Online System in order to identify any federally listed endangered or threatened
species that may be present in the vicinity of the Line.[7]
The search identified the Indiana bat (Myotis sodalis) as the only
federally listed endangered species known or believed to occur in Fayette and
Wayne Counties, Indiana. The search did not identify any threatened species
known or believed to occur in the two counties.

Threats to the Indiana bat include
disease, habitat loss, pollution, and disturbance by humans. Because NSR does
not anticipate any activities that may result in such impacts, OEA believes
that the proposed abandonment would not result in any impacts to Indiana bat or
any other federally listed threatened or endangered species.

USFWS submitted comments stating
that the agency has no objection to the abandonment as proposed. Accordingly,
no mitigation regarding the protection of threatened or endangered species is
recommended.

NSR requested comments from the
National Park Service (NPS) regarding the potential impact of the proposed
abandonment on wildlife sanctuaries or refuges, parks, or other protected
areas, but has received no response to date. In its review of available geospatial
data, OEA has concluded that the Line is not located in or adjacent to any
local or national park; wildlife sanctuary or refuge; or other protected area.
Accordingly, no mitigation regarding protected areas is recommended.

The National Geodetic Survey (NGS)
submitted comments stating that no geodetic station markers are located within
the project area. Accordingly, no mitigation regarding the potential
disturbance of geodetic station markers is recommended.

Based on all information available
to date, OEA does not believe that the proposed abandonment would cause
significant environmental impacts. OEA is providing a copy of this EA to IDEM
for that agency’s comment and review.

HISTORIC REVIEW

According to NSR, the Line was
originally part of the Fort Wayne, Muncie, and Cincinnati Railroad, which was
incorporated in 1886. The Line was sold to the Fort Wayne, Cincinnati, and
Louisville Railroad in 1881 and to the Lake Erie & Western in 1890
(LE&W). In 1923, LE&W merged with the New York, Chicago, and St. Louis
Railroad, also known as the ‘Nickel Plate Road.’ That railroad then merged
with Norfolk and Western Railway Company (N&W) in 1964. N&W became a
subsidiary of Norfolk Southern Corporation in 1982. NSR leased the Line the
C&NC in 1997. There are no structures located on the Line.

The
Indiana Department of Natural Resources, Division of Historic Preservation and
Archaeology (State Historic Preservation Officer or SHPO) submitted comments
stating that no known historic buildings, structures, districts, or objects
listed in or eligible for listing in the National Register are located within
the project area. The SHPO also states that no known archaeological resources
eligible for inclusion in the National Register would be affected by the
proposed abandonment. The SHPO states that, should any archaeological
artifacts or human remains be discovered during abandonment activities,
operations should cease and NSR should immediately notify the SHPO. Accordingly, OEA is recommending a condition requiring NSR to
cease work and notify the OEA, the SHPO, and other consulting parties, if any,
should archaeological artifacts or human remains be discovered during salvage
operations.

OEA has reviewed the available
information and concurs with the SHPO’s comments. Accordingly, pursuant to the
Section 106 regulations of NHPA, and following consultation with the SHPO and
the public, we have determined that the proposed abandonment would not
adversely affect historic properties or archaeological resources listed in or
eligible for inclusion in the National Register. The documentation for this
finding, as specified at 36 C.F.R. § 800.11(e), consists of the railroad’s
Historic Report, all relevant correspondence, the EA, and this document, which
have been provided to the SHPO and made available to the public on the Board’s
website at http://www.stb.dot.gov.

Pursuant to 36 C.F.R.
§ 800.2, OEA conducted a search of the National Park Service Native American
Consultation Database to identify federally recognized tribes that may have
ancestral connections to the project area.[8]
The database indicated that the following federally recognized tribes may have
knowledge regarding properties of traditional religious and cultural
significance within the right-of-way of the proposed abandonment:

·Delaware Nation in Oklahoma;

·Forest County Potawatomi Community in Wisconsin;

·Hannahville Indian Community in Michigan;

·Miami Tribe of Oklahoma;

·Ottawa Tribe of Oklahoma; and

·Peoria Tribe of Indians of Oklahoma.

Accordingly, OEA
is sending a copy of this EA to those tribes for review and comment.

CONDITIONS

We recommend that the following
condition be imposed on any decision granting abandonment authority:

In
the event that any previously unidentified or incorrectly identified
cultural resources, including but not limited to archaeological deposits,
human remains, or locations reportedly associated with Native American
religious/traditional beliefs or practices are discovered, Norfolk
Southern Railway Company (NSR) shall immediately cease all work and notify
the Board’s Office of Environmental Analysis (OEA) and the Division of
Historic Preservation and Archaeology of the Indiana Department of Natural
Resources (the State Historic Preservation Office or SHPO)
pursuant to 36 C.F.R. § 800.13(b). OEA will then consult with the SHPO,
NSR, and other consulting parties, if any, to determine whether
appropriate mitigation measures are necessary.

CONCLUSIONS

Based on the information provided
from all sources to date, OEA concludes that, if the condition above is imposed,
abandonment of the Line would not significantly affect the quality of the human
environment. Therefore, the environmental impact statement process is
unnecessary.

Alternatives to the proposed
abandonment would include denial (and therefore no change in operations),
discontinuance of service without abandonment, and continued operation by
another operator. In any of these cases, the existing quality of the human
environment and energy consumption would not be affected.

PUBLIC USE

Following abandonment and salvage
of the rail line, the right-of-way may be suitable for other public use. A
request containing the requisite four-part showing for imposition of a public
use condition (49 C.F.R. § 1152.28) must be filed with the Board and served on
the railroad within the time specified in the FederalRegister
notice.

TRAILS USE

Requests for a notice of interim
trail use (NITU) are due to the Board, with a copy to the railroad, within 10
days of publication of the notice of exemption in the FederalRegister.
Nevertheless, the Board will accept late-filed requests as long as it retains
jurisdiction to do so in a particular case. This request must comply with the
Board’s rules for use of rights-of-way as trails (49 C.F.R. § 1152.29).

PUBLIC ASSISTANCE

The Board’s Office of Public Assistance,
Governmental Affairs, and Compliance responds to questions regarding interim trail
use, public use, and other reuse alternatives. You may contact this office
directly at (202) 245-0238, or mail inquiries to Surface Transportation Board, Office
of Public Assistance, Governmental Affairs, and Compliance, Washington, DC
20423.

COMMENTS

If you wish to file comments regarding
this Environmental Assessment, send an original and two copies to
Surface Transportation Board, Case Control Unit, Washington, DC 20423, to the
attention of Joshua Wayland, who prepared this Environmental Assessment.
Environmental comments may also be filed electronically on the Board’s website,
www.stb.dot.gov, by clicking on the “E-FILING” link. Please refer to Docket
Nos. AB-290 (Sub-No. 352X) and AB-1093 (Sub-No. 1X) in all correspondence,
including e-filings, addressed to the Board. If you have any questions
regarding this Environmental Assessment, please contact Joshua Wayland, the
environmental contact for this case, by phone at (202) 245-0330, fax at (202)
245-0454, or e-mail at waylandj@stb.dot.gov.

Date made available to the public:
November 20, 2013

Comment due date: December 5,
2013

By the Board, Victoria Rutson,
Director, Office of Environmental Analysis

[1] The Environmental and Historic Reports are available
for viewing on the Board’s website at www.stb.dot.gov by
going to “E-Library,” selecting “Filings,” and then conducting a search for AB-290
(Sub-No. 352X).

[2] U.S. Fish and Wildlife Service (USFWS) National
Wetlands Inventory Mapper, http://www.fws.gov/wetlands/Wetlands-Mapper.html(last visited November 19, 2013).